PUNAURAM BINJHWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 03.1.2008, passed by the 1st Additional Sessions Judge, Mahasamund (CG) in Sessions Trial No. 326/2003, wherein the said Court has convicted the appellant for commission of offence under Section 376 (1) of the I.P.C. and sentenced him to undergo R.I. for 10 years and to pay fine of Rs.2000/- with default stipulation.

(2.) In the present case, prosecutrix is PW5. As per the case of prosecution on 1.7.2003, the prosecutrix had gone to village Kharotkala to see Rathyatra where she stayed in her relative's home and at about 10.00 pm, the appellant came there and took her forcibly from the house and committed rape on her.

(3.) Learned counsel for the appellant submits as under :